AC21 question

[cxy]

Currently, I have portential threat for lossing my job. My current project has no clear future. If the project ends soon, I may get laid off. My situation: I concurrent filed I140 and 485 Aug 25, 2003. I140 got approved on feb 12, 2004. AP and EAD got approved July 17, 2004. My questions are:

1) is there a grace period for me to find another job after lossing this job?

2) if I want to change job now, is there some problems which will threat me to get my I485 approved? For example, the current employer withdraw my I485 case.

3) According to AC21 act, it requires the new job to be the same or similar. How to define the same or similar jobs? For example, my current position is software developer in a medical company. My job is actually related to bio-informatics. I could find a job title like bio-infomatics specailist. Will they be considered as the same?

Thanks a lot inadvance.

 

[TheRealCanadian]

I concurrent filed I140 and 485 Aug 25, 2003. I140 got approved on feb 12, 2004.

I-140 approved, I-485 pending over 180 days. We have a winner!

1) is there a grace period for me to find another job after lossing this job?

The joy of AOS is that you need not work at any point before the I-485 is ajudicated and still remain in status. This isn't the H-1B world anymore when remaining in status is predicated on being employed.

if I want to change job now, is there some problems which will threat me to get my I485 approved? For example, the current employer withdraw my I485 case.

First off, your employer cannot withdraw your I-485. Because it's your petition, just like the I-140 is the employer's. If you fear that the attorney you used will not represent your interests, you should be proactive and immediately file a G-28 form with USCIS indicating that you will be representing yourself going forward.

Second, the only bad thing your employer can do at this point is withdraw the approved I-140. This isn't fatal, but it does have potentially severe consequences if you're not careful.

Once USCIS receives this from the I-140 petitioner, they will issue you a Notice of Intent to Deny (NOID) at which point you have 30 days to respond by invoking AC21 and providing evidence of your new job. Again, you only have 30 days so you should be proactive and get this lined up.

What would be bad is if you got laid off and the I-140 was withdrawn, since you might not be able to provide evidence of the new job in time. It is always better to jump than to be pushed, so you might want to start looking for a new job now.

How to define the same or similar jobs? For example, my current position is software developer in a medical company. My job is actually related to bio-informatics.

My advice (and I am not an attorney) is that USCIS goes by job duties. If you are a software developer and your LC indicates this, then you should concentrate on finding work as a software developer. The industry is not important, the job duties are.

 

[cxy]

Thank you for you explaination.

One more question:

You mentioned:

Once USCIS receives this from the I-140 petitioner, they will issue you a Notice of Intent to Deny (NOID) at which point you have 30 days to respond by invoking AC21 and providing evidence of your new job. Again, you only have 30 days so you should be proactive and get this lined up.

Does this mean my I-140 is still vaild as long as I am able to invoke AC21 and provide evident of new job within 30 days?

Thanks again.

 

[TheRealCanadian]

Does this mean my I-140 is still vaild as long as I am able to invoke AC21 and provide evident of new job within 30 days?

No, the I-140 is dead, which is why the NOID is issued. However, based on USCIS' sensible interpretation of AC21, your adjustment can still remain alive and be approved provided you meet the "same or similar job" provisions of AC21.

 

[gc_aug_05]

Once USCIS receives this from the I-140 petitioner, they will issue you a Notice of Intent to Deny (NOID) at which point you have 30 days to respond by invoking AC21 and providing evidence of your new job. Again, you only have 30 days so you should be proactive and get this lined up.

Do you know, if the NOID goes to the attorney or the applicant? I will look into other threads to verify this. Would be great help if someone who knows about this ?

In my situtation, my new attorney is going to file G-28. My understanding is, till that time, USCIS will correspond to my old company attorney?
Whom does the NOID goes to, If NOID is sent before G-28s for the new attorney are filed.

 

[Apollo_13]

This is my understanding. Please note that I may be wrong.

As per the threads I have read so far in this forum, NOIDs are always sent to the attorneys, not to the applicants.

Then the question is which attorney, new one or the old one. It is very simple.
USCIS always considers the Attorney who filed I-485 or who submitted G28, whichever happened recently.

So, If you had submitted G-28 prior to issuing a NOID for some reason, then new Attorney would get NOID.

If NOID is issued prior to G-28 submission, then NOID would go to the old attorney.

Rest i will leave it to Gurus.

 

[gc_aug_05]

Thanks Apollo13.


Does the online message change generally when NOID is issued? i am aware that the Online system is incosistent, but has it changed for some one for whom NOID was issued